Attorney General Mike Cox issued an amicus brief Thursday in support of Arizona’s controversial immigration bill set to become law later this month.
The brief, which came the day a U.S. Department of Justice (DOJ) challenge to the law will be heard in federal court, was signed by eight other states attorney generals including Florida, South Carolina, Pennsylvania, Alabama, Nebraska, South Dakota, Virginia and the U.S. Territory Northern Mariana Islands.
The immigration law, signed by Arizona Gov. Jan Brewer in April, would require law enforcement to inquire on the immigration status of those who come into contact with the police on a separate infraction if there is a reasonable suspicion they are here illegally.
Civil rights groups across the country have cried foul saying the color of one’s skin or their accent is enough reasonable suspicion for this question to be asked.
The DOJ agrees and has stated it believes the law creates a pattern of racial discrimination that local law enforcement would be required to follow, and therefore is seeking a preliminary injunction before the bill becomes law until the matter is resolved in court.
The DOJ also states the law is unconstitutional because it interferes with the Federal Government’s ability to enforce its own immigration laws, and therefore violates the Constitution’s Supremacy Clause.
Cox, however, declares in the brief filed in the U.S. Federal District Court of Arizona the federal governments “interference” with state’s rights is severely misguided.
In the brief, Cox cites a 1982 court case arguing for the constitutional validity of the Arizona Law.
“State regulation not congressionally sanctioned that discriminates against aliens lawfully admitted to the country is impermissible if it imposes additional burdens not contemplated by Congress,” the brief explains.
However, Cox points out in the brief he believes the State of Arizona’s hands are not tied in a matter of discrimination when it comes to illegal aliens.
“But the same standard does not apply to aliens who are unlawfully in the country,” he writes.
Cox goes further to blame the Obama Administration for “a lack of enforcement” of federal immigration laws, stating Arizona Gov. Jan Brewer had no real choice in the matter.
“President Obama is using taxpayer dollars to stop a state’s efforts to protect its own borders. Michigan and eight other states will stand with Governor Brewer as she defends her state from Washington’s unwarranted legal attacks.”
Cox is no stranger to taking predominately conservative positions.
Recent ones have included joining a lawsuit on behalf of the state of Michigan that helped strike down Chicago’s handgun ban, writing an opinion which barred the Michigan Secretary of State from offering illegal immigrants drivers licenses, challenging a court ruling that declared the National Day of Prayer unconstitutional, challenging another court ruling which stated Michigan’s partial-birth abortion ban was unconstitutional, and he actively intervened and punished public universities who provided health benefits for same-sex couples.
Cox is currently running for the GOP nomination in Michigan’s gubernatorial race.
According to a July Capital Caucus poll, Cox is expected to receive 38 percent of the vote in the primary, making him the current front-runner for a shot at the Governor’s office in November.
